1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 EXHIBIT 1 RESOLUTION NO. 2014 - 15 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, DECLARING PUBLIC PURPOSE AND NECESSITY TO ACQUIRE FEE SIMPLE TITLE TO A CERTAIN PARCEL OF PROPERTY (“ELIJAH ALFORD ESTATE”,MORE PARTICULARLY DESCRIBED HEREIN AND LOCATED ON NW 9TH STREET), FOR THE REDEVELOPMENT OF OB JOHNSON PARK AND THE CITY’S HUMAN SERVICE BUILDING THE HEPBURN CENTER; AUTHORIZING THE CITY ATTORNEY TO ACQUIRE SAID PARCEL THROUGH EMINENT DOMAIN (QUICK TAKE PROCEDURES); PROVIDING CITY MANAGER AND CITY ATTORNEY WITH THE AUTHORITY TO RETAIN OUTSIDE EMINENT DOMAIN COUNSEL, REAL ESTATE APPRAISAL CONSULTANTS AND TO DO ALL THINGS PERTINENT TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Hallandale Beach (“City”), has undertaken an assessment of its public park facilities and developed a Master Parks Plan; and 22 23 24 WHEREAS, the objective of the Master Parks Plan is to enhance all the public parks in the City by providing more amenities for the use of City residents and visitors; and 25 26 WHEREAS, the City has considered studies, which have shown that access to public 27 parks and recreational facilities aids in the control of obesity, diminishes the risk of disease and 28 increases the life expectancy of the men, women and children who are residents of the City; and 29 30 31 WHEREAS, public municipal parks also provide building and strengthening community ties as well as fostering cohesive relationship among the City’s diverse populations; and 32 33 WHEREAS, for the past several decades, the City has operated its Human Services 34 programs out of the Austin Hepburn Center, a public facility built in 1972 and encompassing 35 approximately thirteen thousand one hundred fifty (13,150) square feet of space, which has 36 passed its useful life and is approximately thirteen thousand one hundred and fifty square feet; 37 and 38 39 WHEREAS, the City’s programs and services that are currently offered to residents 40 exceed the capacity and functionality of the Austin Hepburn Center, inasmuch as said facility is 41 in need of substantial renovations and repair which surpass the City’s budget for capital 1 IWO NO. 2015-011 (VLW) FILE NO 14-448 RESO NO 2015 - 42 improvements, and further there is a lack of storage area available, all of which has resulted in 43 the City being unable to obtain a requisite Child Care certification due to the restrictions of the 44 said facility’s space and the prohibitive costs associated with redeveloping a stand-alone public 45 facility; and 46 47 WHEREAS, the City has alternatively studied and considered the public health and safety 48 benefits and also performed an analysis of the costs to combine the Austin Hepburn Center and 49 the OB Johnson Park by building a single intergenerational center and has concluded that the 50 integration of both public municipal facilities would (a) lead to greater operational efficiencies due 51 to the shared uses; (b) generate savings on the design and construction costs, and (c) produce 52 more energy efficiencies and no negative environmental liabilities or impacts associated with the 53 land acquisition and project development costs, and (d) enable the City to obtain the required 54 certification as a Child Care Facility; and 55 56 WHEREAS, on November 5, 2014, the City Commission considered and voted its 57 approval of a joint, integrated redeveloped OB Johnson and the Austin Hepburn Center and 58 further authorized the City Manager and City Attorney to aggressively pursue the acquisition of 59 the three (3) privately owned parcels of land located immediately adjacent to the current OB 60 Johnson Park for specific purpose of designing and constructing a forty-two thousand (42,000) 61 square foot municipal Intergenerational Center, which will contain indoor basketball gym seating 62 for two hundred and fifty (250) persons; a Teen Center and recording studio; weight/exercise 63 room; shared computer room and other public amenities; and 64 65 WHEREAS, the City Commission finds that the land parcel owned by Elijah Alford Estate, 66 Folio number 514221340180, is one (1) of three (3) privately owned parcels which is necessary 67 for assemblage with the other adjacent, City-owned parcels for the purpose of constructing the 68 municipal intergenerational center and redeveloping OB Johnson Park; and further finds that the 69 acquisition of the fee simple interest in the land parcel owned by Elijah Alford Estate, serves a 70 valid municipal purpose, that is, the construction, development and operation of a new municipal 71 intergenerational center and the City’s OB Johnson Park; and 72 73 WHEREAS, the City has caused the land parcel owned by Elijah Alford Estate, to be 74 surveyed and appraised by a State certified real estate appraiser to establish an opinion as to the 75 fair market value of said parcel, and further finding that fair market value of the Elijah Alford Estate 2 IWO NO. 2015-011 (VLW) FILE NO 14-448 RESO NO 2015 - 76 parcel is deemed to be thirty three thousand six hundred ($33,600.00) dollars; and 77 78 WHEREAS, the City Commission has carefully considered numerous other factors 79 relevant to necessity of acquiring the Elijah Alford Estate, including the imminent acquisition via 80 voluntary purchase and sale transactions of the remaining two (2) privately owned parcels that 81 abut the Elijah Alford Estate parcel and which are also immediately adjacent to the OB Johnson 82 Parcel; 83 environmental factors and mitigation, public safety, and further has requested the allocation of 84 certain funding for the acquisition of the subject parcel owned by Elijah Alford Estate; and the absence of other available alternative site(s), the costs of the public project, 85 86 WHEREAS, the City Commission has located its line and area of construction and intends 87 in good faith to construct a public joint intergenerational center and redevelopment of OB Johnson 88 Park on the Elijah Alford Estate parcel and the two (2) other privately owned parcels which are 89 being acquired via voluntary purchase and sale transactions. 90 91 92 93 94 95 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE BEACH, FLORIDA, AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 96 97 SECTION 2. Description of Property. The City Commission of the City of Hallandale 98 Beach hereby authorizes the acquisition of the fee simple title and interest in the Elijah Alford 99 Estate parcel, legally described herein as Exhibit “A”, by gift or purchase in accordance with 100 Chapter 166, et seq., Florida Statutes, the Municipal Home Rule Powers Act or by the City’s 101 condemnation powers, under Chapter 166 and Chapters 73 and 74, F.S. (2013). 102 103 SECTION 3. Finding of Public Purpose and Necessity. The City Commission of the 104 City of Hallandale Beach hereby declares that it is necessary to acquire, by negotiated 105 conveyance or acquisition via the City’s statutory condemnation powers or, the fee simple title 106 and interest to the Elijah Alford Estate parcel, legally described in Exhibit “A”, to be assembled 107 with other City-owned parcels for the construction and development of a public joint 108 intergenerational center and redevelopment of OB Johnson Park. The City Commission further 109 declares that acquisition of the Elijah Alford Estate parcel, legally described in Exhibit “A”, serves 110 a municipal purpose and is necessary for public safety, health and welfare of the City. 3 IWO NO. 2015-011 (VLW) FILE NO 14-448 RESO NO 2015 - 111 112 SECTION 4. Authority of the City Manager and City Attorney. The City Manager and 113 City Attorney and all others acting on their behalf are authorized to contract with real estate 114 appraisers, engineers, title examiners, legal counsel and other consultants in connection with the 115 acquisition and conveyance of the Elijah Alford Estate parcel, by and to the City and to do all 116 things necessary to effectuate this resolution including the instituting of eminent domain 117 proceedings. 118 119 SECTION 5. Severability. If any section, subsection, clause or portion of this Resolution 120 is, of any reason, held invalid or unconstitutional by any court of competent jurisdiction, such 121 portion shall be deemed separate, distinct, provision and such holding shall not affect the validity 122 of the Resolution of any part. 123 124 125 126 127 SECTION 6. Effective Date. This Resolution shall become effective immediately upon adoption. PASSED and ADOPTED this ____ day of January, 2015. 128 129 130 131 132 133 134 ____________________________ JOY F. COOPER MAYOR 135 SPONSORED BY: CITY ADMINISTRATION 136 ATTEST: 137 138 139 140 141 142 143 144 145 146 147 148 ____________________________________ SHEENA JAMES, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY FORM ____________________________________ V. LYNN WHITFIELD CITY ATTORNEY 4 IWO NO. 2015-011 (VLW) FILE NO 14-448 RESO NO 2015 - 149 150 151 152 153 154 155 EXHIBIT “A” Gloria Foster Parcel GEO M PHIPPENS SUB IN 22-51-42 B-145 D LOT 2, 4 BLK B, More or less 14,400 S/F 5 IWO NO. 2015-011 (VLW) FILE NO 14-448 RESO NO 2015 -